[Federal Register: May 31, 2011 (Volume 76, Number 104)]
[Rules and Regulations]
[Page 31393-31395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my11-18]
[[Page 31393]]
Vol. 76
Tuesday,
No. 104
May 31, 2011
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
7 CFR Part 319
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Federal Acquisition Regulation; Federal Acquisition Circular 2005-52;
Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-52; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition
Circular (FAC) 2005-52. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at http://www.regulations.gov.
DATES: For effective dates and comment dates, see separate documents,
which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-52 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
List of Rules in FAC 2005-52
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Item Subject FAR case Analyst
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I............... Sustainable Acquisition 2010-001 Clark.
II.............. Contract Closeout...... 2008-020 McFadden.
III............. Prohibition on 2008-009 Davis.
Contracting with
Inverted Domestic
Corporations.
IV.............. Buy American Exemption 2009-039 Davis.
for Commercial
Information
Technology--Constructi
on Material.
V............... Oversight of Contractor 2010-017 Robinson.
Ethics Programs.
VI.............. Technical Amendments...
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item numbers and subject set forth in the documents
following these item summaries. FAC 2005-52 amends the FAR as specified
below:
Item I--Sustainable Acquisition (FAR Case 2010-001) (Interim)
This interim rule amends the FAR to implement Executive Order
13514, Federal Leadership in Environmental, Energy, and Economic
Performance, and Executive Order 13423, Strengthening Federal
Environmental, Energy, and Transportation Management. It requires
Federal agencies to leverage agency acquisitions to foster markets for
sustainable technologies, materials, products, and services. Federal
agencies are additionally required to implement high-performance
sustainable building design, construction, renovation, repair,
commissioning, operation and maintenance, management, and
deconstruction practices in applicable acquisitions. Contractors will
be required to support the goals of an agency's environmental
management system.
Item II--Contract Closeout (FAR Case 2008-020)
This final rule amends the FAR procedures for closing out
contracts. A proposed rule was published August 20, 2009. This rule
revises procedures and sets forth a timeframe for clearing final patent
reports; updates quick-closeout procedures, including applicable
thresholds; sets forth a description of an adequate final indirect cost
rate proposal and supporting data; and adds language for withholding
fees to protect the Government's interest and encourage timely
submissions of an adequate final indirect cost rate proposal. The rule
does not impose any additional requirements on small businesses.
Item III--Prohibition on Contracting With Inverted Domestic
Corporations (FAR Case 2008-009)
This final rule implements section 740 of Division C of the
Consolidated Appropriations Act, 2010 (Pub. L. 111-117) and similar
restrictions in 2008 and 2009 appropriations acts, which prohibit the
award of contracts using appropriated funds to any foreign incorporated
entity that is treated as an inverted domestic corporation or to any
subsidiary of one, except as permitted in specific exceptions as set
forth in the rule. The rule does not impose any requirements on small
businesses.
Item IV--Buy American Exemption for Commercial Information Technology--
Construction Material (FAR Case 2009-039)
This rule adopts as final, without change, an interim rule. The
interim rule amended the FAR to implement section 615 of Division C,
Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117). Section 615 authorizes exemption from the Buy American Act for
acquisition of information technology that is a commercial item.
Item V--Oversight of Contractor Ethics Programs (FAR Case 2010-017)
This final rule modifies FAR 42.302, Contract Administration
Functions, to add to the list of contract administration functions, the
function of ensuring that contractors have implemented FAR 52.203-13,
Contractor Code of Business Ethics and Conduct.
Contracting officers may ask to see a contractor's code of ethics
or a contractor's ethics program, but the contracting officer is not
required to ask for a copy of any documents.
Item VI--Technical Amendments
Editorial changes are made at FAR 52.212-3, 53.301-1447, 53.301-
1449, and 52.302-347.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-52 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and
Space Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR)
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and other directive material contained in FAC 2005-52 is effective May
31, 2011, except for Items II and V which are effective June 30, 2011.
Dated: May 18, 2011.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: May 17, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: May 17, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2011-12850 Filed 5-27-11; 8:45 am]
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